Property disputes in Scotland

View Property Disputes by content type:

Featured Property Disputes content

Practice notes
The new CodeThis Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement...
Read More >
28th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
12th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
12th Oct
Practice notes
Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy...
Read More >
9th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
2nd Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
30th Sep
Practice notes
STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
Read More >
26th Sep
Practice notes
Deadline for application to courtThe deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for...
Read More >
25th Sep
Practice notes
This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...
Read More >
25th Sep
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
Read More >
25th Sep
Practice notes
Why contract out?The Landlord and Tenant Act 1954 (LTA 1954) gave tenants of business premises security of tenure—in other words, the right to stay on...
Read More >
25th Sep
Practice notes
This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice....
Read More >
25th Sep

Most recent Property disputes in Scotland content

Practice notes
This Practice Note examines the issues surrounding alterations and improvements to property in Scotland subject to a commercial lease. Consent and...
Read More >
Produced in partnership with Mark Davenport of DLA Piper 25th Sep
Practice notes
Break clausesA break clause is a term in a lease which permits the landlord or the tenant to terminate a lease early. Break clauses are considered in...
Read More >
25th Sep
Practice notes
Default positionBilateral surrender (or renunciation as it is referred to under Scots law) is the method by which a tenant gives up its rights under a...
Read More >
25th Sep
Practice notes
Differences between leases and licences to occupyLeasesA lease in Scots law has been defined as ‘a contract by which a person, known as a tenant, is...
Read More >
25th Sep
Practice notes
Development of the First Tier Tribunal for ScotlandThe Scottish Government’s Access to Justice Policy, prepared by the Cabinet Secretary for Justice...
Read More >
25th Sep
Practice notes
This Practice Note considers pre-action conduct in general civil disputes in Scotland. For guidance on:•pre-action conduct in Scottish personal injury...
Read More >
25th Sep
Practice notes
This Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note:...
Read More >
25th Sep
Practice notes
This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
Read More >
Produced in partnership with Jim Cormack of Pinsent Masons 25th Sep
Practice notes
MissivesThe most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG)...
Read More >
Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP 26th Sep
Practice notes
Assignation and sublettingAssignation and subletting are two options which a tenant may use to introduce a new tenant into the lease arrangement. The...
Read More >
26th Sep
Practice notes
The most common types of delict to arise in property disputes are negligence, nuisance and trespass, see Practice Notes: Property disputes in Scotland...
Read More >
26th Sep
Practice notes
The most common types of delict to arise in property disputes are negligence, nuisance and trespass, see Practice Notes: Property disputes in Scotland...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): The Financial Conduct Authority (FCA) has published guidance for regulated firms and information for consumers which are valid...
Read More >
26th Sep
Practice notes
This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary...
Read More >
26th Sep
Practice notes
The main remedies available in the context of landlord and tenant disputes in Scotland are:•Interdict•Specific implement•Payment action•Damages...
Read More >
26th Sep
Q&As
The new Electronic Communications Code (the ‘Code’) is governed by, and set out in sections 106–119 and the new Schedule 3A to the Communications Act...
Read More >
Produced in partnership with Hugh Olson of Arnot Manderson Advocates 29th Sep
Practice notes
Members of the public are normally welcome to visit the courts and tribunals in Scotland for many reasons, including to support those involved with...
Read More >
29th Sep
Practice notes
In the majority of sequestrations where the debtor has assets these will include the debtor's home (see Practice Note: Scotland: the process for...
Read More >
Produced in partnership with James Lloyd of Harper Macleod LLP 5th Oct
Practice notes
Sequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their...
Read More >
Produced in partnership with James Lloyd of Harper Macleod LLP 5th Oct
Practice notes
Coronavirus (COVID-19): Schedule 7 to the Coronavirus (Scotland) Act 2020 (C(S)A 2020) and C(S)A 2020, s 8 provides protection for commercial tenants...
Read More >
Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 9th Oct

Popular documents